HomeMy WebLinkAboutORD 828 (1980) ORDINANCE NO. 828
1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
2 OF TUSTIN, CALIFORNIA, AMENDING CHAPTER 6 OF
ARTICLE 4 OF THE TUSTIN CITY CODE PERTAINING
~ TO NOISE CONTROL.
5 The City Council of the City of Tusfin, Calfornia, does ordain as follows:
6 Section 1: Chapter 6 of Article 4 of the Tusfin City Code is amended to
read as follows:
CHAPTER 6
8
NOISE CONTROL - DISTURBING NOISES PROHIBITED
9
4611DE-~::LARATION OF POLICY.
10
In order fo control unnecessary, excessive and annoyin9 sounds
11 emanating from i.ncorporafed areas of the city, if is hereby de-
clared fo be the policy of the City to prohibit such sounds
1~ generated from all sources as specified i'n this Chapter.
~ It is determined that certain noise levels are detrimental to
the public health, welfare and safety and contrary fo public
14 interest, therefore, the City Council does ordain and declare
that creating, maintaining, Causin~ or allowing to create, main-
15 fain or cause any noise in a manner prohibited by or not in
conformity with the provisions of this Chapter, is a public
16 nuisance and shall be punishable as such.
17 4612 DEFINITIONS.
~8 The following words, phrases and terms as used in this Chapter
shall have the meaning as indicated below:
19
"Ambient Noise Level" shall mean the all-encompassing noise
20 level associated with a given environment, being a composite of
sounds from all sources, excluding the alleged offensive noise,
21 at the location and approximate time at which a comparison with
the alleged offensive noise is to be made.
"A-Weighted Sound Level" [dB(A)]: A quantify in decibels, read
25 from a standard sound-level meter that is switched to the weight-
ing network labeled "A". The A-weighted network discriminates
24 against the lower frequencies according to a relationship approxi-
mating the aQdifory sensitivity of the human ear at moderate
25 sound levels.
26 "CNEL" (Community Noise Equivalent Level). A cumulative measure
of community noise exposure for a 24-hour day, using the A-weighfing
~7 sound level and expressed in logarithmic units. This CNEL scale
fakes into account the single event sound level, single event
28 duration, single event occurrence frequency, and the time of the
occurrence of the noise source. Additionally, if applies weight-
29 ing factors which place greater significance on noise events
occurring in the night-time (~0 p.m. to 7 a.m.) than on those
~0 during the evening (7 p.m. to ~0 p.m.) or daytime (7 a.m. to 7 p.m.)'
respectively.
"Commercial Property'". A parcel of real property which is de-
~ veloped and used either in part or in whole for conYnercial pur-
poses, including, but not limited fo retail and wholesale
businesses, and professional offices, but excluding home occupation
USES.
Ordinance No.
page 2.
'~Cumulative Period". An additive period of time composed o~
individual time segments which may be continuous or interrupted.
"Decibel" (dB) shall mean a unit which denotes the ratio between
two (2) quantities which are proportional fo power: the number
of decibels corresponding to the ratio of two (2) amounts of
power is fen (lO) times the logarithm to the base fen (lO) of
this ratio.
"Dwelling Unit". A single unit providing complete, independent
living facilities for one 'or more persons including permanent
provisions for living, sleeping, eating, cooking and sanitation.
"Emergency Machinery," "Vehicle" or "Work." Any machinery·
vehicle or work used, employed or performed in an effort to pro-
tect, provide or restore safe conditions in the community or for
the citizenry, or work by private or public utilities when re-
storing utility service.
"Fixed Noise Source". A stationary device which creates sounds
while fixed or motionless including, but not limited to· in-
dustrial and commercial machinery and equipment, pumps, fans,
compressors, generators· air condifioners and refrigeration
equipment.
"Grading". Any excavating or filling of earth material· or any
combination thereof· conducted at a site fo prepare said site
for construction or other improvements thereon.
"Impact Noise". The noise produced by the collision of one mass
in motion with a second mass which may be either in motion or at
rest.
"Industrial Property". A parcel of real property which is de-
veloped and used-either in. part or in whole for manufacturina
purposes, including research and development uses, but excluding
home occupation cases.
"Mobile Noise Source". Any noise source other ~han a fixed noise
source.
"Noise Level". The "A" weighted sound pressure level in decibels
obtained by using a sound level meter af slow response with a
reference pressure of 20 m'cropascals per square meter. The unit
of measurement shall be designated as dB(A}.
~'Noise Variance Board" shall mean an administrative board of
five (5) members appointed by the Board of Supervisors of the
County of Orange, per Title 4, Division 6, Article ~ of the'
Codified Ordinances of the County of Orange.
"Person". A' person, firm, association, co-partnership, joint
venture, corporation or any entity, public or private in nature.
"Residential Property". A parcel of real property which is de-
veloped and used either ~n part or in whole for residential
purposes, other than transient uses such as hotels and motels.
"Simple Tone Noise". A noise characterized by a predominant
frequency or frequencies so that other frequencies cannot be
readily distinguished.
"Sound Level ~efer". An instrument meeting American National
Standard Insfifufe's Standard S~.4-~97~ for Type ~ or Type 2
sound level meters or an instrument and the associated recording
and analyzing equipment which will provide equivalent data.
Ordi hence No. 828
page 3.
"Sound Pressure Level" of a sound, in decibels, shall mean
2 twenty (20) times the logarithm to the base ten (10) of the ratio
of the pressure of the sound to a reference pressure, which
~ reference pressure shall be explicitly stated.
4 4613 DESIGNATED NOISE ZONES.
5 The properties hereinaffer described are hereby assigned the
following noise zones=
6
Noise Zone 1: All residential properties.
Noise Zone 2: All commercial properties.
8
Noise Zone 3: All industrial properties.
9
Noise Zone 4: All special properties such as hospitals, convales-
10 cent homes, public and institutional schools, libraries and
churches.
4614 EXTERIOR NOISE STANDARDS.
(a) The following noise standards, unless otherwise specifically
1~ indicated, shall apply to all residential property within a
designated noise zone.
NoiSe Standards
15
Noise Zone Noise Level Time Period
16
1 55 dB('a) 7 a.m. - 10 p.m.
17 50 dB(A) 10 p.m. - 7 a.m.
18 2 60 dB(A) any time
19 3 70 dB(A) any time
~0 4 55 dB(A) any time
~1 In the event the alleged offensive noise consists of impact
noice, simple tone noise, speech, music, or any combination
22 thereof, each of the above noise levels shall be reduced by
5 dB(A).
~5
(b) It shall be unlawful for any person at any location within
~4 the incgrporated area of the city to create any noise, or
f.o allow the creation of any noise on property owned, leased,
~5 occOpied, or otherwise controlled by such person, when the
foregoing causes the noise level, when measured on any other
26 residential property to exceed:
~7 (i) The noise standard for a cumulative period of more
than thirty (30) minutes i'n any hour; or
(2) The noise standard plus 5 dB(A) for a cumulative period
29 of more than fifteen (15) minutes in any hour; or
~0 (3) The noise standard plus 10 dB(A) for a cumulative period
of more than five (5) minutes in any hour; or
(4) The noise standard plus 15 dB(A} for a cumulative period
Ord i nance ' No. 828
page 4.
of more than one (1) minute in any hour; or
(5)The noise standard plus 20 dBIA) for any period of
time,
(c} In the event the ambient noise level exceeds any of the
first four noise limit categories above, the cumulative
period applicable fo said category shall be increased to
reflect said ambient no'se level. In the event the ambient
noise level exceeds the ~iffh noise limit category, the
maximum allowable noise level under said category shall be
increased to reflect the maximum ambient noise level.
4615 INTERIOR NOISE STANDARDS.
ia) The following interior noise standards, unless otherwise
specifically indicated, shall apply to all residential
property within a designated noise zone:
Interior NOise Standards
Noise'Zone Noise Level Time Period
1 55 dB(A] 7 a.m. - lO p.m.
45 dBIA} ~0 p.m. - 7 a.m.
In the event the alleged offensive noise consists of impact
noise, simple tone noise, speech, music, or any combination
thereof, each of the above noise levels shall be reduced by
5 dB~A).
(b) If shall be unlawful for any person af any location within
the incorporated area of the city to create any noise, or
fo allow the creation of any noise on property owned,
leased, occupied, or otherwise controlled by such person,
when the foregoing causes the noise level, when measured
within any other dwelling unit on any residential property,
to exceed:
(1)The interior noise standard for a cumulative period
of more than five (5) minutes in any hour; or
(2) The interior noise standard plus five (5) dB(AI for
a cumulative period of more than one (1) minute in
any hour; or
(3)The interior noise standard plus ten (10) dBiA) for
any period of time.
(c) In the event the ambient noise level exceeds either of the
first two noise limit categories above, the cumut'afive period
applicable fo said category shall be increased fo reflect
said ambient noise level. In the event the ambient noise
level exceeds the third noise limit category, the maximum
allowable noise level under said category shall be increased
fo reflect the maximum ambient noise level.
4616 SPECIFIC DISTURBING NOISES PROHIBITED.
It shall be unlawful for any person to make, continue, cause, or
allow to be made or continued, any loud, unnecessary, or unusual
noise or any noise which annoys, disturbs, injures, or endangers
the comfort, repose, health, peace, or safety of others within
the limits of the city and the following acts and things, among
32V
Ordinance No. 828
page
others, which are in excess of the levels described in Sections
4614 and 4615 are declared fo be loud, disturbing, injurious,
and unnecessary noises in violation of this Article, but said
enumeration shall not be deemed to be exclusive, namely:
~ (1) Loudspeakers, Amplifiers for Advertising.
5 The using, operating or permitting fo be played, used,
or operated of any radio receiving set, musical in-
6 sfrument, phonograph, loudspeaker, sound amplifier,
or other machine or device for the producing or re-
7 producing of sound which is cast upon the public streets
for the purpose of commercial. advertising or attracting
8 the aftentipn of the pgblic fo any building or structure.
9 (2) Construction or Repairing of Buildings.
10 The erection (including excavating), demolition, alter-'
afion or repair of any building other than between the
ll hours of 7 a.m. and 6 p.m. on week days, except in
case of urgent necessity in the interest of public
12 health and safety, and then only with a permit from the
building inspector, which permit may be granted for
1~ a period not fo exceed three (3) days or less while
the emergency continues and which permit may be renewed
14 for period of three (3),.'days or less while the emergency
continues. If the building inspector should determine
15 fhaf the public health and safety will not be impaired
by the erection, demolition, alteration or repair of
16 any building or the excavation of streets and highways
within the hours of 6 p.m. and 7 a.m. and if he shall
17 further determine that loss or inconvenience would re-
sult to. any party in interest, he may grant permission
18 for such work fo be done within the hours of 6 p.m. and
7 a.m. upon application being made at the time the
19 permit For the work is awarded or during the progress
of the work.
20
(3) Pile .Drivers, Hammers, etc.
The operation between the hours of 6 p.m. and 7 a.m.
of any pile driver, steam or gasoline shovel, pneumatic
hammer, derrick, steam or electric hoist of other appli-
ance, the use of which is aftended by loud or unusual
noise.
4617 SPECIAU PROVISIONS..
The following activities shall be exempted from the provisions
of this Chapter:
27 (a) Activities conducted on the grounds of any public or pri-
vate nursery, elementary, intermediate or secondary school
28 or college, public agency, and public utility.
29 (b) Outdoor gatherings, public dances, shows and sporting and
entertainment events provided said events are conducted
~0 pursuant to a permit ~license/permif) issued by the City
pursuant to Article 3, Chapter 2 of the Tusfin City Code
31 relative fo the staging of said events.
(cl Activities conducted on any park or playground provided such
Ordinance No. ~ ~-
page 6.
park or playground is owned and operated by a public entity.
(d)Any mechanical device, apparatus or equipment used, related
to or connected with emergency machinery, vehicle or work.
(e) Noise sources associated with construction, repair, remodeling,
or grading of any real property, provided said activities do
not take place between the hours of 6 p.m. and 7 a.m. on week-
days, including Safurday,'or at any time on Sunday or a Federal
holiday.
(f) All mechanical devices, apparatus or equipment which are
utilized for the protection or salvage of agricultural crops
during periods of potential or actual frost damage or other
adverse weather conditions.
(g) Mobile noise sources associated with agricultural operations
provided such operations do not fake place between the hours
of 6 p.m. and 7 a.m. on weekdays, including Saturday, or any
time on Sunday or a Federal holiday.
Ih) Mobile noise sources associated with agricultural pest control
through pesficide application provided that the application
is made in'accordance with restricted material permits issued
by or regulations enforced by the Agricultural Commissioner.
(i) Noise sources associated with the maintenance of real property
provided said acifivites take place between the hours of 7 a.m.
and 6 p.m. on any day except Sunday or Federal holidays, or
between the hours of 9 a.m. and 6 p.m. on Sunday or Federal
holidays.
(j) Any activity tO the extent regulation thereof has been pre-
empfed by State or Federal law.
(k) Noise sources associated with the maintenance, repair, remodel-
ing, grading and landscaping of residential real property per-
formed by the owner, provided such activity does take place
between the hours of 7 a.m. and 9 p.m. This section does not
authorize noise sources performed by independent building-
trades contractors.
il) Noise sources associated with the maintenance and repai~ of
personal property performed by the owner on the owneF's resi-
dential property, provided such activity takes place between
the hours of 7 a.m. and 9 p.m. This section does not authorize
noise sources by independent repairmen or technicians.
4618 SCHOOLS, HOSPITALS, COURTS, AND CHURCHES - SPECIAL PROVISIONS.
If shall be unlawful for any person fo create any noise which causes
the noise level at any school, hospital, court, or church while the
same is in use, to exceed the noise limits as specified in Section
4614 prescribed for the assigned noise zone in which f.he school,
hospital, or church is located, or which noise level unreasonably
interferes with the use of such institutions or which unreasonably
disturbs or annoys patients in the hospital, provided conspicuous
signs are displayed in three separate locations within one-tenth of
a mile of the institution. indicating the presence of a school,
church, court, or hospital.
46~9 AIR CONDITIONING AND REFRIGERATION - SPECIAL PROVISION
During a one-year period following the effective date of Ordinance
No. 828 the noise level standards as specified in Sections ~614 and
4615 shall be increased by 8dB(A) where the alleged noise source is
an air-conditioning apparatus or refrigeration system, which was
installed prior to the effective date of said Ordinance.
Ordinance No. 828
page 7.
4620 NOISE LEVEL MEASUREMENT CRITERIA.
Any noise level measurements made pursuant to the provisions of
this Chapter shall be performed using a sound level meter as
defined in Section 4612. The location selected for measuring
exterior noise levels shall be at any point on the affected
property. Interior noise measurements shall be made within the
dwelling unit affected by exterior noise. The measurement shall
be made at a point at least four (4) feet from the wall, ceiling,
or floor nearest the alleged offensive noise source and may be
maae with the windows of the affected unit .open.
4621 MANNER OF ENFORCEMENT.
The Orange County Health Officer and his duly authorized repre-
sentatives are authorized fo enforce the provisions of this
Chapter pursuant to the provisions of Section 46.0110 of the
Codified Ordinance of the County of Orange, California. The
Orange County Health Officer andhis duly authorized repre-
sentatives are authorized, pursuant fo Penal Code Section 836.5,
fo arrest any p~rson without a warrant when they have reasonable
cause to believe fhaf such person has committed a misdemeanor
in their presence.
No person shall 'interfere with, oppose or resist any authorized
person charged with enforcement of this Chapter while such per-
son is engaged in the performance of his duty.
4622 VARIANCE PROCEDURE.
The owner or operator of a noise source which violates any of
the provisions of this Chapter may file an application with the
Health Officer for a variance from the provisions thereof wherein '
said owner or-operator shall set forth all actions taken to comply
with said provisions, the reasons why immediate compliance cannot
be achieved, a proposed method of achieving compliance, and a
proposed time schedule for its accomplishment. Said application
shall be accompanied by a fee ~n the amount of seventy-five
dollars {$75) or as hereinaffer amended by the Orange County
Board of Supervisors. A separate application shall be filed for
each noise source; provided, however, that several mobile sources
under common ownership, or several fixed sources on a single
property may be combi.ned into one application. Upon receipt of
said application and fee, the Health Officer shall refer if with
his recommendation thereon within thirty (30) days to the Noise
Variance Board for action thereon in accordance with the pro--
visions of this Chapter.
An applicant for a variance shall remain subject to prosecution
under the terms of this ordinance until a variance is granted.
4623 NOISE VARIANCE BOARD.
The Noise Variance Board, as established by Section 46.0013 of
the Codified Ordinances of the County of Orange, California,
shall evaluate all applications for variance from the require-
meats of this Chapter and may grant said var'ances with respect
fo time for compliance, subject to such terms, conditions and
requirements as it may deem reasonable to achieve maximum com-
pliance with the provisions of this Chapter. Said terms, con-
ditions and requirements may include, but shaTI not be limited f~
limitations on noise levels and operating hours. Each such
variance shall set forth in detail the approved method of achieving
maximum compliance and a time schedule for its accomplishment.
Ordinance No. 828
page 8.
1
In its determinations said Board shall consider the magnitude
of nuisance caused by the offensive noise; the uses of property
within the area of impingemerit by the noise; the time factors
~ related to study, design, financing and construction of remedial
work; the economic factors related to age and useful life of
4 equipment; and the general public interest and welfare. Any
variance granted by said Board shall be by resolution and shall
15 be transmitted to the Health Officer for enforcement. Any
violation of the terms of said variance shall be unlawful.
6
4624 APPEALS.
Within fifteen (15) days following the decision of the Variance
8 Board on any application the applicant, the Health Officer, or
any member of the City Council, may appeal the decision to the
9 City Council by filing a notice of appeal with the Secretary
of the Variance Board. In the case of an appeal by the appl i-
10 cant for a variance, the notice of appeal shall be accompanied
by a fee to be computed by the Secretary on the basis of the
11 estimated cost of preparing the materials required fo be for-
warded to the C~ty Council as discussed hereafter. If the actual
12 cost of such preparation differs from the estimated cost ap-
propriate payments shall be made either to or by the Secretary.
Within fifteen (15) days following receipt of a notice of appeal
14 and the appeal fee, the Secretary of the Variance Board shall
forward to'the City Council copies of the application for vari-
:[5 ance; the recommendation of the Health Officer; the notice of
appeal; all evidence concerning said appl ication received by the
16 Variance Board and its decision thereon. In addition, any
person may file with the City Council written arguments supporf-
3.? ing or attacking said decision and the City Council may in its
discretion hear .oral arguments thereon. The City Clerk shall
38 mail tO the applicant a notice of the date set for hearing of the
appeal. The notice shall be m. ai led at least ten (10) days prior
19 to the hearing date. Within sixty (60) days following its
receipt of the notice of the appeal, the City Council shall
20 either affirm, modify, or reverse the decision of the Variance
Board. Such decision shall be based upon the City Councit's
21 evaluation of the matters submitted to the City Council in light
of the powers conferred on the Variance Board and the factors
22 to be considered, both as enumerated in Sections ~F622 and 4623.
2;5 As part of its decision the Council may direct the Variance
Board to conduct further proceedings on said application. Fail-
2Z]= ure of the City Council TO affirm, modify or reverse the de-
cision of the Variance Board within said sixty (60) day period
25 shall constitute an aff'rmance of the decision.
26 4625 VIOLATIONS: t~ISDEN~EANORS.
2? Any person violating any of the provisions of this Chapter shall
be deemed guilty of a misdemeanor. Each day such violation is
28 committed or permitted fo continue shall consitute a separate
offense and shall be punishable as such. The provisions of
29 this Chapter shall not be construed as permitted conduct not
prescribed herein and shall not affect the enforceability of any
~0 other applicable provisions of law.
Ordinance No. 828
page 9.
1
PASSED AND ADOPTED af a regular meeting of the ify ouncil of the
2 City of Tusfin, California this 21st day of July , 1980.
D'ona I d J. Sa I.f ar~l I i
5 /~ayor ,"
6 ATTEST:
9 City Clerk
15
16
17 --
1.8
19
~0
~5
~8
~9
~0
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
MARY E. WYNN, City Clerk and ex-officio of the City Council of the City~
Tustin, California, does hereby certify that the whole number of members
of the City Council of'the City'of Tustin is five; that the above and fore-
going Ordinance No. 828 was duly and regularly introduced and
read at a regular meeting of the City Council held on the 8th day of
July , 1980, and was given its second reading and duly passed and
adopted at a regular meeting held on the 21st day of July
1980, by the following vote:
AYES : COUNCIL~fN: EDGAR, HOESTEREY, KENNEDY, SHARP
NOES : COUNCIE~EN: SALTARELLI
ABSENT: COUNCILMEN: NONE
MARY E. WYNN, City Clerk
City of Tustin,California
bYKAREN j. B/~'j'~/"~'~S~'ty Clerk
City of Tustin, California